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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. 2020 NY Slip Op 07007
Regular Panel Decision
Nov 25, 2020

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO (New York State Dept. of Corr. & Community Supervision)

Dana Favreau, an employee, faced dismissal by the New York State Department of Corrections and Community Supervision after allegedly filing false incident reports against her supervisor. Her union, Civil Service Employees Association, Inc., initiated a grievance that led to arbitration. The arbitrator dismissed some charges pre-hearing and all remaining charges when the respondent refused to participate in the evidentiary hearing. The Supreme Court vacated the arbitration award, finding the arbitrator exceeded her authority. The Appellate Division reversed this decision, holding that the arbitrator acted within her authority and consistent with the collective bargaining agreement (CBA) and Civil Practice Law and Rules (CPLR), thereby granting the petitioners' application to confirm the arbitration award and denying the respondent's cross-motion to vacate.

ArbitrationCollective Bargaining AgreementGrievanceDismissal from ServiceAbuse of AuthorityJudicial ReviewAppellate ReversalDue ProcessEvidentiary HearingSummary Judgment
References
13
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. MISSING
Regular Panel Decision

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. 2021 NY Slip Op 01459 [192 AD3d 1292]
Regular Panel Decision
Mar 11, 2021

Matter of Morales (New York State Dept. of Corr. & Community Supervision)

Samuel Morales, a correction sergeant, was injured while restraining an inmate who had attempted to punch him, subsequently being placed on workers' compensation leave. His employment was terminated after one year by the New York State Department of Corrections and Community Supervision, arguing his injury did not result from an 'assault' as per Civil Service Law § 71, thus denying him a two-year leave. Morales challenged this in a CPLR article 78 proceeding, initially dismissed by the Supreme Court. The Appellate Division, Third Department, reversed, ruling that the inmate's attempted punch constituted an 'intentional physical act of violence directed toward an employee,' meeting the assault definition for § 71 eligibility. The court found the respondent's determination arbitrary, capricious, and affected by an error of law, clarifying that the statute requires disability 'resulting from' an assault, not 'directly caused' by it.

Workers' CompensationCivil Service Law § 71AssaultLeave of AbsenceCorrection SergeantInmate AltercationEmployment TerminationCPLR article 78Statutory InterpretationArbitrary and Capricious
References
7
Case No. 2020 NY Slip Op 00652
Regular Panel Decision
Jan 30, 2020

Matter of Froehlich v. New York State Dept. of Corr. & Community Supervision

Petitioner Jason Froehlich, a correction sergeant, was injured while attempting to subdue a combative parolee. Following a year of workers' compensation leave, his employment was terminated by respondent, New York State Department of Corrections and Community Supervision, pursuant to Civil Service Law § 71. Froehlich argued he was entitled to a two-year leave of absence, asserting his injuries resulted from an assault during employment. Respondent denied this, defining "assault" as an intentional physical act of violence directed toward an employee, and found no evidence the parolee intentionally directed violence at Froehlich. The Supreme Court dismissed Froehlich's CPLR article 78 petition. The Appellate Division, Third Department, affirmed the judgment, concluding that respondent's definition of assault was rational and its application to the facts, finding no intentional physical act directed at Froehlich, was also rational. A dissenting opinion argued that the inmate's actions, under respondent's own definition, constituted an assault.

Civil Service Law § 71workers' compensation leavedisability leaveassault in employmentintentional physical act of violenceCPLR article 78 proceedingadministrative determinationrational basis reviewarbitrary and capriciouscorrection sergeant
References
7
Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
Case No. MISSING
Regular Panel Decision

Independent Ass'n of Publishers' Employees, Inc. v. Dow Jones & Co.

Plaintiffs, the Independent Association of Publishers’ Employees, Inc. (IAPE) and ten Canadian employees, sued defendant Dow Jones & Company, Inc., alleging a breach of fiduciary duty under ERISA. The plaintiffs claimed that Dow Jones violated its fiduciary obligations by changing the Profit-Sharing Retirement Plan's benefit allocation formula, which resulted in reduced benefits for Canadian employees due to currency conversion. Dow Jones argued it was not a fiduciary for this specific act or that the action was not a breach, asserting the right to amend plan contributions. The court, treating the motion as one for summary judgment, found that Dow Jones's fiduciary duties under ERISA did not extend to the method of calculating employer contributions or modifying non-accrued benefits. The court concluded that both the Plan provisions and ERISA allowed prospective changes in contributions by the employer, and therefore, Dow Jones had not breached any fiduciary duty. Defendants' motion for summary judgment was granted.

ERISAFiduciary DutyProfit-Sharing PlanBenefit AllocationSummary JudgmentNon-Accrued BenefitsPlan AmendmentEmployer ContributionsCanadian EmployeesDistrict Court
References
5
Case No. MISSING
Regular Panel Decision

Trapani v. Consolidated Edison Employees' Mutual Aid Society, Inc.

This case addresses claims under the Employee Retirement Income Security Act (ERISA) against Consolidated Edison Employees’ Mutual Aid Society, Inc. (Mutual Aid) and its administrative officer, Paul R. Westerkamp. Plaintiffs, Consolidated Edison employees represented by Local 3, seek an equitable share of Mutual Aid's assets and a special emergency loan fund after their membership ceased in 1983. Building on an earlier decision, the court found that defendants retained benefit assets attributable to Local 3 for the benefit of Local 1-2, violating ERISA. The court also determined that Mr. Westerkamp breached his fiduciary duty by mismanaging assets and participating in a settlement detrimental to Local 3. Consequently, Mr. Westerkamp is barred from administering the Staten Island Relief Fund, and the parties are directed to propose methods for equitable asset distribution.

ERISAEmployee Welfare Benefit PlanFiduciary Duty BreachAsset MismanagementEquitable DistributionUnion BenefitsConsolidated EdisonMutual Aid SocietyPaul R. WesterkampLocal 3 IBEW
References
21
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